Jamiat Ulama i Hind president Maulana Arshad Madani has criticised the proposed implementation of the Uniform Civil Code (UCC) across all 21 states governed by the BJP led National Democratic Alliance (NDA).
Madani questioned whether India would be governed by the Constitution or by what he described as the “ideological agenda of a political party”.
Union Home Minister Amit Shah said on September 13 that the UCC would be implemented in all 21 NDA ruled states before 2029. Shah said the law had already been introduced in some states and expressed confidence that it would be extended across the NDA ruled states before the next Lok Sabha elections.
The proposal has received support from several NDA allies while Opposition parties and Muslim organisations have raised objections.
Madani Questions UCC Constitutionality
Reacting to Shah’s announcement, Madani said the proposed expansion of the UCC raised fundamental questions about constitutional rights and religious freedom.
“The Home Minister’s announcement that the Uniform Civil Code will be implemented in all 21 NDA ruled states before 2029 raises a fundamental question: Will the country be governed by the Constitution or by the ideological agenda of a political party?” he said.
Madani alleged that the UCC was a “deliberate attempt to undermine the supremacy” of the Constitution and the religious freedoms guaranteed to citizens.
He said Jamiat Ulama i Hind was challenging the UCC in the Uttarakhand High Court. According to Madani, six hearings have taken place so far, with senior advocate Kapil Sibal appearing for the organisation.
Jamiat Opposes UCC Provisions
Madani said his organisation could not accept any law that, in its view, conflicts with Islamic personal law.
“We cannot accept any law that is against Sharia. Muslims can compromise on everything, but they can never compromise on their religion and faith,” he said.
He argued that the issue was not about the existence of Muslims but about what he described as their constitutional and religious rights.
Madani also questioned the need for a mandatory common civil code when existing civil laws provide alternatives for people who do not wish to follow religious personal laws.
“Muslim family laws are not human made laws, but are derived from the Quran and Hadith. For those who do not wish to govern their affairs under any religious personal law, the country already has alternative civil laws. In such a situation, why is a mandatory Uniform Civil Code necessary?” he said.
Madani Raises Question Over Tribal Exemptions
The Jamiat chief also referred to exemptions for Scheduled Tribes under UCC related laws and questioned why similar protections could not be extended to religious practices.
“If Scheduled Tribes can be exempted from this law under the provisions of the Constitution, why can’t the religious freedom granted to Muslims under Articles 25 and 26 of the Constitution be respected?” he asked.
Madani said the debate over the UCC was therefore not limited to Muslim personal law but also concerned how religious freedom and secularism are interpreted within the constitutional framework.
“India is a secular country, and secularism means that the government has no religion of its own, and citizens are free to exercise their religious freedom,” he said.
What Is the Uniform Civil Code?
The Uniform Civil Code seeks to create a common framework governing personal matters such as marriage, divorce, inheritance and adoption, regardless of religion.
Uttarakhand became the first state to pass and fully implement a UCC. The proposal has since become a major political and legal issue, with supporters arguing for uniformity in personal laws and critics raising concerns about religious freedom, customary practices and constitutional protections.
